Safety Zone; Fourth of July Fireworks Patriots Point, Charleston, SC, 23615-23617 [2018-10930]
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23615
Proposed Rules
Federal Register
Vol. 83, No. 99
Tuesday, May 22, 2018
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
[Docket Number USCG–2018–0145]
RIN 1625–AA00
Safety Zone; Fourth of July Fireworks
Patriots Point, Charleston, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish a temporary safety zone for
certain navigable waters of Cooper River
at Patriot’s Point in Charleston, SC. This
action is necessary to provide for the
safety of the general public, spectators,
vessels, and the marine environment
from potential hazards during a
fireworks display. This proposed
rulemaking would prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston
(COTP) or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 21, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0145 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Justin Heck, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
Justin.C.Heck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
16:16 May 21, 2018
Jkt 244001
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal
Basis
Coast Guard
ACTION:
I. Table of Abbreviations
On February 9, 2018, the Patriots
Point Naval and Maritime Museum
notified the Coast Guard that it will be
conducting a fireworks display from
8:30 p.m. to 9:30 p.m. on July 4, 2018.
The fireworks are to be launched from
a barge along the bank of the Cooper
River at Patriots Point in Charleston, SC.
Hazards from firework displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The Captain of
the Port Charleston (COTP) has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within a 500-yard
radius of the barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 500-yard
radius of the fireworks barge before,
during, and after the scheduled event.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone from 8:15 p.m. to 9:45 p.m.
on July 4, 2018. The safety zone would
cover all navigable waters within 500yards of the fireworks barge located at
Patriots Point on the Cooper River in
Charleston, SC. The duration of the zone
is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
8:30 p.m. to 9:30 p.m. fireworks display.
No vessel or person would be permitted
to enter, transit through, anchor in, or
remain within the safety zone without
obtaining permission from the COTP or
a designated representative. The Coast
Guard would provide notice of the
safety zone by local notice to mariners,
broadcast notice to mariners, and onscene designated representatives. The
regulatory text we are proposing appears
at the end of this document.
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Frm 00001
Fmt 4702
Sfmt 4702
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. The
safety zone will only be enforced for a
total of an hour and a half, and although
persons and vessels may not enter,
transit through, anchor in, or remain
within the safety zone without
authorization from the Captain of the
Port Charleston or a designated
representative, vessel traffic would be
able to safely operate in the surrounding
area during the enforcement period and
the rule would allow vessels to seek
permission to enter the zone. Moreover,
the Coast Guard would provide advance
notification of the safety zone to the
local maritime community by local
notice to mariners and broadcast notice
to mariners via VHF–FM marine
channel 16.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
E:\FR\FM\22MYP1.SGM
22MYP1
23616
Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed Rules
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
We have considered the impact of this
proposed rule on small entities. This
rule may affect the following entities,
some of which may be small entities:
The owner or operators of vessels
intending to enter, transit through,
anchor in, or remain within the
regulated area during the enforcement
period. For the reasons stated in section
IV.A. above, this proposed rule would
not have a significant economic impact
on a substantial number of small
entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
amozie on DSK3GDR082PROD with PROPOSALS1
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
VerDate Sep<11>2014
16:16 May 21, 2018
Jkt 244001
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a safety zone lasting an hour
and a half that would prohibit entry
within 500 yards of a barge from which
fireworks would be launched. Normally
such actions are categorically excluded
from further review under paragraph L
60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
Frm 00002
Fmt 4702
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
G. Protest Activities
PO 00000
jeopardizing the safety or security of
people, places, or vessels.
Sfmt 4702
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add a temporary § 165.T07–0145 to
read as follows:
■
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Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed Rules
§ 165.T07–0145 Safety Zone; Fourth of
July Fireworks Patriots Point, Charleston,
SC.
DEPARTMENT OF HOMELAND
SECURITY
(a) Location. This rule establishes a
safety zone on all waters within a 500yard radius of the barge, from which
fireworks will be launched along the
bank of the Cooper River at Patriots
Point in Charleston, SC.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Charleston by telephone at 843–740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by local
notice to mariners, broadcast notice to
mariners, and on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced on July 4, 2018 from 8:15
p.m. until 9:45 p.m.
Coast Guard
Dated: May 16, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port, Charleston.
[FR Doc. 2018–10930 Filed 5–21–18; 8:45 am]
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BILLING CODE 9110–04–P
33 CFR Part 165
[Docket Number USCG–2018–0203]
RIN 1625–AA00
Safety Zone; Marshwalk Group
Independence Day Fireworks, Murrells
Inlet, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
certain waters of Murrells Inlet, SC. This
action is necessary to provide for the
safety of the general public, spectators,
vessels, and the marine environment
from potential hazards during a
fireworks display. This proposed
rulemaking would prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston
(COTP) or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 21, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0145 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
Jkt 244001
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone from 8:45 p.m. to 10:15 p.m.
on July 4, 2018. The safety zone would
cover all navigable waters within 500yards of the Veterans Fishing Pier
located at Murrells Inlet, SC. The
duration of the zone is intended to
ensure the safety of life on these
navigable waters before, during, and
after the scheduled 9 p.m. to 10 p.m.
fireworks display. No person or vessel
would be permitted to enter, transit
through, anchor in, or remain within the
safety zone without obtaining
permission from the COTP or a
designated representative. The Coast
Guard would provide notice of the
safety zone by local notice to mariners,
broadcast notice to mariners, and onscene designated representatives. The
regulatory text we are proposing appears
at the end of this document.
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Justin Heck, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
Justin.C.Heck@uscg.mil.
SUPPLEMENTARY INFORMATION:
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders and we discuss First
Amendment rights of protestors.
I. Table of Abbreviations
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
COTP Captain of the Port
On March 3, 2018, the Marsh Walk
Group notified the Coast Guard that it
16:16 May 21, 2018
would be conducting a fireworks
display from 9 p.m. to 10 p.m. on July
4, 2018. The fireworks are to be
launched from the end of the Veterans
Fishing Pier in Murrells Inlet, SC.
Hazards from firework displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The Captain of
the Port Charleston (COTP) has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within a 500-yard
radius of the pier.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 500-yard
radius of the pier before, during, and
after the scheduled event. The Coast
Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.
FOR FURTHER INFORMATION CONTACT:
II. Background, Purpose, and Legal
Basis
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Agencies
[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Proposed Rules]
[Pages 23615-23617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10930]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed
Rules
[[Page 23615]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0145]
RIN 1625-AA00
Safety Zone; Fourth of July Fireworks Patriots Point, Charleston,
SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain navigable waters of Cooper River at Patriot's Point in
Charleston, SC. This action is necessary to provide for the safety of
the general public, spectators, vessels, and the marine environment
from potential hazards during a fireworks display. This proposed
rulemaking would prohibit persons and vessels from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port Charleston (COTP) or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 21, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0145 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Justin Heck, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
On February 9, 2018, the Patriots Point Naval and Maritime Museum
notified the Coast Guard that it will be conducting a fireworks display
from 8:30 p.m. to 9:30 p.m. on July 4, 2018. The fireworks are to be
launched from a barge along the bank of the Cooper River at Patriots
Point in Charleston, SC. Hazards from firework displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port Charleston (COTP)
has determined that potential hazards associated with the fireworks to
be used in this display would be a safety concern for anyone within a
500-yard radius of the barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 500-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a safety zone from 8:15 p.m. to 9:45
p.m. on July 4, 2018. The safety zone would cover all navigable waters
within 500-yards of the fireworks barge located at Patriots Point on
the Cooper River in Charleston, SC. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 8:30 p.m. to 9:30 p.m.
fireworks display. No vessel or person would be permitted to enter,
transit through, anchor in, or remain within the safety zone without
obtaining permission from the COTP or a designated representative. The
Coast Guard would provide notice of the safety zone by local notice to
mariners, broadcast notice to mariners, and on-scene designated
representatives. The regulatory text we are proposing appears at the
end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive Orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
will only be enforced for a total of an hour and a half, and although
persons and vessels may not enter, transit through, anchor in, or
remain within the safety zone without authorization from the Captain of
the Port Charleston or a designated representative, vessel traffic
would be able to safely operate in the surrounding area during the
enforcement period and the rule would allow vessels to seek permission
to enter the zone. Moreover, the Coast Guard would provide advance
notification of the safety zone to the local maritime community by
local notice to mariners and broadcast notice to mariners via VHF-FM
marine channel 16.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C.
[[Page 23616]]
605(b) that this proposed rule would not have a significant economic
impact on a substantial number of small entities.
We have considered the impact of this proposed rule on small
entities. This rule may affect the following entities, some of which
may be small entities: The owner or operators of vessels intending to
enter, transit through, anchor in, or remain within the regulated area
during the enforcement period. For the reasons stated in section IV.A.
above, this proposed rule would not have a significant economic impact
on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting an hour and a half that would prohibit entry within 500
yards of a barge from which fireworks would be launched. Normally such
actions are categorically excluded from further review under paragraph
L 60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
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2. Add a temporary Sec. 165.T07-0145 to read as follows:
[[Page 23617]]
Sec. 165.T07-0145 Safety Zone; Fourth of July Fireworks Patriots
Point, Charleston, SC.
(a) Location. This rule establishes a safety zone on all waters
within a 500-yard radius of the barge, from which fireworks will be
launched along the bank of the Cooper River at Patriots Point in
Charleston, SC.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at 843-740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
local notice to mariners, broadcast notice to mariners, and on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced on July 4, 2018
from 8:15 p.m. until 9:45 p.m.
Dated: May 16, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2018-10930 Filed 5-21-18; 8:45 am]
BILLING CODE 9110-04-P